Disability Law · claim
The Americans with Disabilities Act (ADA) prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all public and private places open to the general public. The act seeks to ensure that people with disabilities have the same rights and opportunities as everyone else.
The individual must have a physical or mental impairment that substantially limits one or more major life activities.
What to prove: To satisfy this element, the plaintiff must demonstrate that they have a recognized disability under the ADA's definition.
The individual must be qualified for the position or service they are seeking, with or without reasonable accommodation.
What to prove: It must be shown that the individual can perform the essential functions of the job or participate in the program with appropriate accommodations.
There must be evidence of discrimination on the basis of the individual's disability.
What to prove: The plaintiff must establish that adverse action was taken against them specifically due to their disability.
In cases of employment or service provisions, the plaintiff must show that a request for reasonable accommodation was denied.
What to prove: The plaintiff must demonstrate that they requested an accommodation and that the request was not provided without valid justification.
The burden of proof lies with the plaintiff, who must establish their case by a preponderance of the evidence.
Expect questions that involve applying the elements to fact patterns, particularly those that require identifying reasonable accommodations or evaluating discrimination claims.